Mediation in Rhode Island

When Rhode Island Family Court can order mediation

R.I. Gen. Laws 15-5-29(a) applies to custody and visitation issues raised in a petition for divorce or divorce from bed and board. It also applies to relief sought without a divorce case being filed. When those issues come up, the Family Court may direct the parties into mediation using a court-established program, in an effort to resolve the disagreement without a trial.

How the court can sequence mediation around trial

Rhode Island law gives the Family Court three distinct options for timing mediation, all under 15-5-29(b). The court can order mediation before trial and postpone the custody and visitation trial entirely until mediation either resolves the issues or fails. The court can order mediation before trial but let every other issue in the case proceed to trial at the same time. Mediation happens separately, and custody and visitation go to trial only if mediation fails. Or the court can try the entire case first and order mediation afterward. It can hold off entering a final decree on custody and visitation until mediation wraps up or the parties agree. Meanwhile, the court can still enter a temporary decree on the other issues.

Confidentiality of mediation communications

R.I. Gen. Laws 15-5-29(c) protects communications made by or to a mediator, or between the parties in the mediator's presence. These are privileged during mediation ordered under this section. Such communications are not admissible as evidence in any civil or criminal proceeding, giving parties real protection to speak candidly during mediation.

The Family Court's broader counseling and reconciliation role

Rhode Island's Family Court was built with a mandate that goes beyond formal mediation. Under R.I. Gen. Laws 8-10-5, the court is directed to seek reconciliation in the cases it handles, and to re-establish friendly family relations. This can include holding conferences in chambers with the parties and their counsel. It can also mean bringing the children before the court for examination when appropriate.

Separately, R.I. Gen. Laws 8-10-7 establishes a family counselling service within the Family Court. It is staffed by personnel whose qualifications the court sets, and it advises and counsels the parties. The court can draw on existing private and public family service agencies for this work, and where practical, can consult clergy of the parties' own faith.

What this means for a Rhode Island custody case

Because mediation under 15-5-29 is ordered at the Family Court's discretion, whether and when a specific case goes to mediation depends on the judge handling it. A party in a contested Rhode Island custody or visitation dispute should expect the possibility of a mediation referral at some stage of the case. They should confirm with the Family Court or their attorney how that particular judge or calendar typically sequences it.